Issue No 46
 

The Cabinet information exemption: Theoretical safeguards exposed by a Tasmanian case study

Rick Snell and Helen Townley

This paper examines the scope of s 24 (Cabinet Document Exemption) of the Tasmanian FoI Act for the exemption of Cabinet information. Under s 24 information must satisfy a number of definite criteria to qualify for exemption, providing a theoretical protection against such abuse. Consideration of the procedural safeguards (ie sections 24(1) (a) -(d)) is supplied, as well as discussion concerning the meaning of 'official publication' and the application of conclusive certificates under s 24. A case study (Molesworth Environment Centre) is analysed, as an illustration of the practical operation of the section. Conclusions drawn raise concerns that in practice the protections against abuse of the Cabinet exemption may be ineffective where Departments adopt a restrictive attitude towards the interpretation of sections like s 24.
 

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